Victorian Numbered Acts

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BUILDING AMENDMENT ACT 2008 (NO. 36 OF 2008) - SECT 24

Disciplinary action—plumbers

    (1)     For section 221ZZZJ(1)(f) of the Building Act 1993 substitute

    "(f)     order the person to pay the Commission a penalty of not more than 100 penalty units unless—

              (i)     a charge has been filed in the Magistrates' Court in respect of the matter; or

              (ii)     the matter has been dealt with by a court exercising its criminal jurisdiction; or

              (iii)     the matter has been dealt with by the issue of an infringement notice;".

    (2)     After section 221ZZZJ(1) of the Building Act 1993 insert

    "(1A)     If the Commission determines under subsection (1) to suspend or cancel a licence or registration of a person because the person has breached a requirement of this Part, the Commission may suspend the operation of that suspension or cancellation on condition that the person complies with specified conditions.

    (1B)     In making a decision under subsection (1A), the Commission may take into account—

        (a)     whether the person has any previous conviction for breaching the requirements of this Part; and

        (b)     whether the conduct of the person in breaching the requirements leading to the determination to suspend or cancel the licence or registration was out of character and unlikely to reoccur; and

        (c)     whether there are mitigating circumstances that warrant the decision.

    (1C)     The Commission may revoke the suspension of the suspension or cancellation of a licence or registration and reinstate the original suspension or cancellation if the Commission is satisfied that the person has during the suspension period—

        (a)     breached a requirement of this Part; or

        (b)     breached a condition of the suspension.

    (1D)     If the original suspension or cancellation of a licence or registration is reinstated, the period of suspension begins, or the cancellation takes effect, on the day following the day that the decision to reinstate the suspension or cancellation is made.".



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